1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly basic wage computed at the time he signed off until he is declared fit to work, or the degree of disability has been assessed by the company-designated physician, but shall in no case exceed 120 days.[40] Considering that no assessment was made at bar by the company designated physician, Apolinario is entitled to a sickness allowance equivalent to 120 days. His basic pay being US$506.00 per month or US$16.866 per day, he should be awarded US$2,024.00 as sickness allowance, or its equivalent amount in Philippine currency. Anent, Apolinario's claim for attorney's fees, Article 2208 of the New Civil Code provides that attorney's fees can be recovered in actions for the recovery of wages of laborers and actions for indemnity under employer's liability laws. Attorney's fees is also recoverable when the respondent's act or omission has compelled the complainant to incur expenses to protect his interest. Such conditions being present in the case at bar, we find that an award of attorney's fees is warranted in favor of Apolinario.[41] WHEREFORE, the Decision dated July 31, 2017 and Resolution dated April 26, 2018 of the Court of Appeals in CA-G.R. SP No. 145357 are REVERSED and SET ASIDE. Private respondents are held jointly and severally liable to pay petitioner Apolinario Z. Zonio, Jr.: a) permanent total disability benefits of US$60,000.00 at its peso equivalent at the time of actual payment; b) sickness allowance of US$2,024.00 at its peso equivalent at the time of actual payment; and c) attorney's fees of 10% of the total monetary award at its peso equivalent at the time of actual payment. Costs against private respondents. SO ORDERED. Peralta (Chairperson), A. Reyes, Jr., and Hernando, JJ., concur. Leonen, J., on leave. November 20, 2019 NOTICE OF JUDGMENT Sirs/Mesdames: Please take notice that on October 16, 2019 a Decision, copy attached hereto, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on November 20, 2019 at 3:32 p.m. Very truly yours, (Sgd.) MISAEL DOMINGO C. BATTUNG III Deputy Division Clerk of Court https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65782 11/14